Legal Opinion

Spafford v. Hedges

Illinois Supreme Court

Decided December 17, 1907PublishedCited by 4 opinions

Writ of Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. E. Dunne, Judge, presiding.

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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. E. Dunne, Judge, presiding. This was a bill in equity filed in 1895 by Mary E. Murphy in the circuit court of Cook county, against Samuel P. Hedges, and Anna T. Spafford, Bertha Hedges Spafford and Grace Spafford, the widow and heirs-at-law of Horatio G. Spafford, deceased, to fasten a trust upon the north- half of lot 9, in Hundley’s subdivision of the east half of the south-east quarter of section 17, township 40, north, range 14, east of…

1Opinion of the CourtChief Justice Hand

The master found that the evidence failed to show that the heirs of Horatio G. Spafford, deceased, had the right to redeem the real estate in question from the trustee’s sale to Hetty R. Green, and the correctness of the decree of the circuit court approving the master’s finding in that particular is the controlling question in this case.

It appears from the evidence that when Samuel P. Hedges took possession of said premises, in 1881, he agreed with Horatio G. Spafford to pay as rent for said premises the sum of $55 per month, and that he paid rent on said premises under that agreement for…

2Cases cited1 opinion

  1. Tilghman & West v. LittleIllinois Supreme Court · 1851

3Cited by4 opinions

  1. Russell v. Trustees of Purdue UniversityIndiana Court of Appeals · 1931
  2. Beach v. BoettcherAppellate Court of Illinois · 1944
  3. Mitzlaff v. Midland Lumber Co.Illinois Supreme Court · 1930
  4. Benckendorf v. Streator Federal Savings & Loan Ass'nAppellate Court of Illinois · 1953

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